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2 ride through questions, car and mortgage

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    2 ride through questions, car and mortgage

    The car.......We financed the car through GMAC and have the title. Owe for about 4 more years. Assuming the ride thru goes as planned and we make it to the last payment without them repo'ing it, that's it...done....the car is ours? There's no technicality that says it was included in BK/not reaffirmed and even though we completed paying the amount we originally borrowed, it was IIB and we really don't own it after all?

    The house....Not reaffirming that, either. We're so far upside down that it just wouldn't make sense to reaffirm it. We can't IIB because we can't rent a home for 5 for the same or less than our current mortgage and dh is unemployed, so who would rent to us, anyway with just unemployment and my small part time pay? So, that leaves us with a ride thru there, too. We don't want to reaffirm because we don't see the market turning around enough in the next few years to allow us to make any money on it and it also allows us to just walk away whenever we need/want too without having to wait for this house to sell. So, on with the show.....how might this affect us getting a new mortgage in a few years when they see we didn't IIB nor reaffirmed but now want a new mortgage?
    filed chapter 7 BK 4/27/09
    341 meeting 6/4/09
    DISCHARGED!!! 8/5/09

    #2
    I'm not sure of the laws in MI, however many states have laws to protect your car/home while you make timely payments. I'd ask your lawyer but things should be fine. GMAC has not been pursuing folks who did not reaffirm, Ford however has been.
    May 31st, 2007: Petition Filed by my lawyer
    July 2nd, 2007: 341 Meeting Held
    September 4th, 2007: Discharged and Closed.

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      #3
      Originally posted by JRScott View Post
      I'm not sure of the laws in MI, however many states have laws to protect your car/home while you make timely payments. I'd ask your lawyer but things should be fine. GMAC has not been pursuing folks who did not reaffirm, Ford however has been.
      Ford and Chrysler according to my attorney.

      To the OP: Just don't reaffirm anything and you can just walk away if you need to and not be hook for the balance. With this economy, you never know.

      Good Luck
      May 2008 Hired 1st Attorney/Stopped paying CCs
      May 21, 2009 Retained 2nd Attorney
      May 28th - Filed for Ch 7 (FINALLY!)
      9/11/09 - DISCHARGED!!!!

      Comment


        #4
        Originally posted by downsized View Post
        So, on with the show.....how might this affect us getting a new mortgage in a few years when they see we didn't IIB nor reaffirmed but now want a new mortgage?

        Just as a side note, the mortgage will be IIB or reaffirmed or redeemed. That is all it can be. If you try to do a ride through, then the account shows as IIB.

        The nuts and bolts of your BK will have no meaning down the line when you try for a new mortgage. The new mortgage will be based on the fact you have a BK, your current credit score, your debt to income ratio and the amount of down payment.
        Filed 5/27/09
        341 7/2/09
        341 held
        Discharge and closed 9/4/09

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